As of: March 29, 2024, 4:58 a.m
By: Carina Blumenroth
Comments
Press
Split
The stomach pain is great when you go to work. You and the job don't fit. But when are you allowed to give notice of termination without notice?
Termination without notice is the most severe form of termination of the employment relationship. In order for the job to be resigned immediately, there must be an important reason that is so serious that no one can be expected to wait for a notice period. Labor courts deal with some cases of this type because it is not clear whether a termination is effective. Under which circumstances employees can terminate without notice.
Important reasons for termination without notice by the employee
If you want to quit your job without notice, you should seek legal advice in advance. © Zoonar.com/Yuri Arcurs/Imago
If you as an employee want to quit your job without notice, there must be serious reasons for doing so. For example, the following are conceivable:
Salary is in arrears:
The employer owes you a large sum of salary and you have already requested payment? The next step could be termination without notice. If the company is or becomes insolvent, you do not need a prior warning.
Sexual harassment at work:
You are repeatedly sexually harassed at work. This is a reason for termination without notice.
Gross insults, false suspicions:
Along with sexual harassment, this is one of the most serious defamations, the
Hasselbach law firm
informs on its own website.
Gross occupational health and safety violations:
You have identified gaps in occupational health and safety that are not being addressed. You don't have to subject yourself to this. The employer is obliged to take care of employees.
Physical attacks:
You also don't have to endure physical attacks,
Finanztip
informs .
Serious breaches of the employment contract:
This includes, for example, an unjustified suspension or the unjustified and repeated refusal of vacation entitlement.
The experts at the
Hasselbach law firm
inform you that the list of reasons for termination without notice or without notice by the employee does not end there. Depending on the individual case, even seemingly minor violations can be an important reason. If you are unsure, ideally you should seek advice from a trade union or a labor law lawyer.
Don't miss out: You can find everything about jobs and careers in the career newsletter from our partner Merkur.de.
How do I cancel without notice?
As with ordinary termination, the written form is also mandatory for termination without notice. This should be clearly formulated and signed in the original, the
Hasselbach law firm
informs . Accordingly, electronic termination via WhatsApp, email, SMS or similar means is excluded. You can terminate the contract without notice without giving reasons, but this is usually questioned, the
Arbeitsrechte.de portal informs.
So if you have a justified reason for an extraordinary or immediate termination, you can state this. If there is a legal dispute, the reason will play a role anyway.
My news
Quake in the construction industry: Read the bankruptcy of a large German real estate company
Nasty scam with the Rosenheim cops: Actors pack with atrocities read out in their name
Shooting down of F-16 fighter jets: Putin threatens to attack NATO airfields read
She had planned Gottschalk's visit to BR completely differently: Schöneberger lost his composure
Cheese recall: Federal Office warns of health risks – according to the RKI, three groups are particularly susceptible to focus reading
Princess Kate has cancer – this is how Victoria of Sweden and Mette-Marit of Norway react
Notice period of two weeks in the event of termination without notice
If the reason for termination is known, you must act quickly. An extraordinary termination can only be declared within two weeks. The letter of termination must be submitted within the deadline. If the reason has to be researched first, the deadline applies from the time the reason becomes known.
Is a warning necessary?
Termination without notice may only be used as a last resort. This applies to employees and employers. This means that the other party must be informed of the breach of contract and warned before termination,
Finanztip.de
informs .